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TCL > November 2009 Issue > Court Business

November 2009       Vol. 38, No. 11       Page  139
From the Courts

Court Business

Visit the related court’s website for complete text of rule changes or proposed rule changes issued by the court. Each court’s website includes corresponding forms, which are not printed in Court Business, and versions with highlights of revisions (deletions and additions). Material printed in Court Business appears as submitted by the court and has not been edited by the staff of The Colorado Lawyer.


United States Bankruptcy Court for the District of Colorado

In the Matter of Bankruptcy Court Records Retention and Disposal:
Second Amended General Procedure Order No. 2007-3

THIS MATTER arises sua sponte upon the need to establish local procedures for the retention and disposal of paper records in accordance with authority approved by the Judicial Conference of the United States and the National Archives and Records Administration that permits the disposal of paper documents scanned in their entirety in the Case Management/Electronic Case File (CM/ECF) system. Accordingly, it is

ORDERED that upon scanning and entry into the CM/ECF system, and after reviewing and verifying for quality control, the Clerk shall retain bankruptcy court paper records for the following periods:

1. Proofs of claim, three (3) years after date of entry;

2. Form 21 and Declarations of Social Security Number, five (5) years after date of entry; and

3. All other documents

A. filed from January 1998 to May 12, 2006, two years after entry into CM/ECF or until superseded, obsolete, or no longer needed for active court business, whichever occurs first, or

B. filed after May 12, 2006, for such time as the Clerk of Court deems to be necessary and reasonable after entry;

FURTHER ORDERED that upon conclusion of the retention periods described above, the Clerk shall, after notice to the judges and staff of this court, as the Clerk deems appropriate, dispose of such records as a matter of course.

Dated: September 16, 2009.

By the Court:

Howard R. Tallman, Chief Judge
Sidney B. Brooks, Judge
A. Bruce Campbell, Judge
Elizabeth E. Brown, Judge
Michael E. Romero, Judge



Colorado Judicial Department
Chief Justice of the Supreme Court Directives

Notice of Availability

Chief Justice Directives (CJDs) are available online at www.courts.state.co.us/Courts/Supreme_Court/Directives/Index.cfm. The website lists CJDs by date and allows users to search by topic. Hard copies of the CJDs are available for $.25 per page (approximately $125 for a full set) and may be obtained by contacting the Colorado Office of the State Court Administrator, 1301 Pennsylvania St., Ste. 300, Denver, CO 80203.

Publication in The Colorado Lawyer

CJDs will be published on a space-available basis in this "Court Business" section of The Colorado Lawyer. Attachments may be omitted for space reasons. To obtain a copy of attachments, contact: Court Services Division, Colorado Office of the State Court Administrator, 1301 Pennsylvania St., Ste. 300, Denver, CO 80203; or visit www.courts.state.co.us/Courts/Supreme_Court/Directives/Index.cfm.


CJD 06-02
Pilot Program for County Court Electronic Filing
Repealed

I hearby repeal Chief Justice Directive 06-02, signed October 3, 2006, concerning the Pilot Program for County Court Electronic Filing, effective immediately. Rule Change 2009(15), effective September 10, 2009, creates C.R.C.P. 305.5 concerning e-filing in county Court.

Done at Denver, Colorado this 24th day of September 2009.

By the Court:

Mary J. Mullarkey
Chief Justice, Colorado Supreme Court


Denver County Court, Civil Division

Delay Prevention Order of the Presiding Judge

The Court is conducting a judicial review of civil cases that: 1) are not presently set for trial and, 2) are more than 365 days old. The purpose of this review is to determine whether those actions are being diligently prosecuted. All interested parties, including but not limited to, pro se plaintiffs and attorneys for plaintiffs are ordered to review the status of any matter, not set for trial, which was filed more than 365 days ago where you were/are Counsel. You are further directed to file, within 60 days, a Response to Show Cause, listing your case by case number, explaining why that case should not be dismissed for failure to prosecute.

Noncompliance with this Order constitutes a failure to diligently prosecute the action(s), and is grounds to dismiss the action(s) without prejudice through an entry of dismissal by Minute Order in the Registry of Actions without notice to counsel/party. See Rule 341(b)(2).

Dismissal of an action by the terms of this Order and entry of that dismissal into the Registry of Actions is a final judgment and that action and its file will be physically purged. Actions dismissed by this Order will not be subject to reinstatement as an active case unless relief from this Order is permitted by and in accordance with the Colorado Rules of Civil Procedure. If relief is granted and the case is reinstated, the burden to provide the court with a complete replication of the file is upon the proponent of the reinstatement.

SO ORDERED September 2, 2009.

For the Court:

Mary A. Celeste
Presiding Judge

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